Attached please find a
letter from Luc
Bourdon, Director General, Rail Safety to
J.C. (Cliff) MacKay, President & CEO The Railway
Association of Canada, dated February 4, 2010
approving the
new Railway
Locomotive Inspection and Safety Rules
which will make the use of dynamic brakes mandatory
in certain territories within Canada. The new rules
are also attached. Changes have been made to
subsections 3.15, and 3.16 on page 5. There has also
been changes to subsection 21.1 and new subsections
21.2, 21.3, 21.4 and 21.5 have been added on page
19.

You may also note on page two of Mr. Bourdon’s
letter in the fifth paragraph it states,

“21.2 A railway company shall file with the
Department all territories on which locomotives
with dynamic brake are required, as well as
related instructions. This information shall
be filed with the Department no later than
ninety days from the approval of these rules”

Therefore, it will be at least 90 days from
February 4, 2010 before this rule is implemented by
the railways. The railways will issue bulletins
and/or instructions for the implementation of this
rule.

When fully implemented these rules changes will
improve rail safety in Canada. Having said that we
are disappointed that rules defining the changing
out of bad ordered locomotives within mandatory
dynamic territories were not more stringent. This
issue was debated at length by all stakeholders. If
defective dynamic brakes enroute becomes a problem
we are prepared to address the issue again with
Transport Canada.

This email is also being sent to the TCRC Division
Presidents, Secretary Treasurers, Local Chairmen,
and Legislative Representatives.